1 answer
Unless otherwise stated herein, a civil penalty of one thousand dollars ($1,000.00) for each violation of this chapter shall be assessed against the owner of any property upon which an illegal demolition, or partial demolition, has occurred. In the case of residential structures, the owner of such properties, in addition to being assessed any other penalties here under, shall be assessed five thousand dollars ($5,000.00) per living unit, as such is defined by the zoning regulations, for each living unit that is demolished or partially demolished without the appropriate permit.
Upon determining that a violation has occurred here under and that a penalty should be assessed, the Building Official shall give notice to the owner of the affected property.
If said penalty is not paid within thirty (30) days from the date of such notice, the Building Official, as soon as practicable thereafter, shall submit a report to the City Council for confirmation. Said report shall include a list of the subject violations, the name of the property owner and the proposed assessment for each violation. After receipt of the report, the Council shall fix a time, date and place for hearing the report and any protests or objections thereto.
The City Council shall cause written notice of the hearing to be mailed to the owner of the property to which the assessment(s) apply not less than ten days prior to the date of the hearing. The said written notice shall be mailed to each person to whom such property is assessed in the most recent property ownership records provided to the city by the County Assessor on the date the Council causes notice to be mailed.
Upon confirmation of the report of penalty assessment(s) by the City Council, a lien on the real property to which the assessment(s) applies shall be recorded with the Recorder of the county of Alameda. Thereafter, the unpaid charges shall constitute a special assessment against said property and shall be collected at such time as established by the County Assessor for inclusion in the next property tax assessment. The assessment shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except for those of state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment is paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.
The penalties called for here under shall be in addition to any other fees assessed and the terms of the master fee schedule.
All penalties and assessments shall be paid in full before the owner or any other applicant shall be granted any building or other permit for the site.
https://www.municode.com/library/ca/oakland/codes/code_of_ordinances?nodeId=TIT15BUCO_CH15.36DEPE